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Prison overcrowding continues to represent one of the most serious critical issues within the Italian penitentiary system; it is precisely within this context that the report by Professor Della Bella, presented at the Conference Prison Overcrowding and Dignity, held in Milan on 15 October 2025, is situated. The contribution offers an in-depth and systematic reflection on prison emergencies over the past fifteen years and on the possible tools for addressing the current phase of crisis.

The report first retraces the main penitentiary emergencies from 2010 to the present, highlighting how extraordinary legislative interventions and judicial interpretations grounded in the conception of imprisonment as an extrema ratio have, in the past, allowed for a temporary reduction in the prison population. On this basis, the analysis focuses on the current situation of severe overcrowding, drawing attention to its most alarming data – the number of detainees, the shortage of effectively available places, and the increase in suicides  while underscoring the significant proportion of prisoners serving short or very short remaining sentences. The contribution then examines the remedies that may be envisaged, distinguishing between legislative measures, solutions that can be implemented in the absence of legislative action through the role of the judiciary, and potential developments arising from an intervention by the Constitutional Court, with particular emphasis on the potential of the institution of special early release.

Overall, the report takes the form of a critical and forward-looking analysis that calls attention to the shared responsibility of institutions to ensure the execution of sentences in a manner respectful of human dignity and to prevent further violations of fundamental rights, in accordance with the constitutional and supranational principles governing the enforcement of criminal penalties.

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